MATRIMONIAL HOME
A “matrimonial home” is defined in section 18 of the Family Law Act as:
Every property in which a person has an interest and that is or, if the spouses have separated, was at the time of separation ordinarily occupied by the person and his or her spouse as their family residence is their matrimonial home.
If people are not married, technically there is no matrimonial home.
At separation, the parties will often not agree to sell a home, even if it is not jointly held. If the home is the matrimonial home, the Family Law Act provides a right to prevent the sale, whether or not the house is jointly-owned. Under Part II of The Family Law Act, which applies to married couples, both spouses have a right to occupy the matrimonial home and to oppose its “alienation”. In other words, either spouse may oppose the sale of the matrimonial home. If a property is jointly held, the parties must agree to sell it or you will need a court order.
When parties disagree about whether a house they jointly owned, or that they lived in during the marriage, should be sold, it is in their best interests to seek the advice and assistance of family law lawyers who can work out the competing rights.
Guy Hunter has helped parties go to court to force a sale of jointly held properties and matrimonial homes, where one party is not being reasonable. He can help you, too, whether you wish to force a sale or block one.
It is not possible to go through all the potential scenarios that exist when couples separate. If you are separating from your ex and one of you wish to sell or block a sale of a home, contact Mr. Hunter for a free half hour consultation.
When every attempt is made to provide helpful information in this website, you may not rely on the information above as legal advice.